Litigation Lawyers in Berkeley
Commercial Litigation in Berkeley, Missouri is civil litigation that arises out of a business transaction, or some other conflict between two businesses, or between a business and a customer. It can appear out of nowhere, and arise out of almost any business matter.
In Berkeley, Missouri, you should expect any form of commercial litigation to be expensive and complicated. While large and sophisticated companies are well-equipped to deal with civil litigation, and are usually the ones facing it, civil litigation in Berkeley, Missouri can also arise between those who are not nearly as accustomed to handling it, such as individuals and small businesses.
Common Sources of Commercial Litigation in Berkeley, Missouri
Commercial Leases: Even though more businesses than ever are relying on the internet to sell their goods, the majority of small businesses in Berkeley, Missouri still have to operate from a physical location. The space from which most businesses operate is typically rented, and the terms of the rental agreement are documented in a contract called a commercial lease. These contracts, like any other, are sometimes breached. When, for example, the tenant fails to pay rent on time, or the landlord fails to perform required building maintenance, a conflict might arise, leading to commercial litigation.
Sales of Real Estate: When buying real estate in Berkeley, Missouri, a lot of things can go wrong, possibly making commercial litigation imperative. In these cases, things like title defects (when the seller doesn't directly own the land or house that they're selling), physical defects in the property that weren't disclosed to the buyer, or a buyer's failure to tender payment on time, among other things, can all lead to commercial litigation.
Sale of Goods: The sale of personal property can also lead to commercial litigation in Berkeley, Missouri. This most usually comes up when a business is buying large volumes of products from a supplier, and the supplier fails to deliver them on time, or delivers the wrong goods, or the wrong quantity of goods. Normally, if the parties cannot resolve the problem between themselves, commercial litigation will result.
Business Loans: When someone starts a small business in Berkeley, Missouri, they typically don't have the money to fund its start-up and first few years of operation. So, the initial step is often getting a loan from a bank. However, if the business fails, and the borrower can't make payments, or the lender engages in some type of unlawful conduct, the aggrieved party is going to seek redress. In some cases, the parties will have to resort to civil litigation to resolve their conflict.
Breach of Contract: In Berkeley, Missouri, contract law is simple in principle: when someone agrees to exchange value for value (a product in exchange for money, for instance), they have entered into a contract, which is a legally-binding agreement. A contract requires at least two parties, and if either of them fails to do what is required of them under the arrangement, they are said to be in "breach" of the contract. If they do not remedy the situation, or the other party does not waive the requirement, a conflict is likely, which might lead to commercial litigation.
How Can a Berkeley, Missouri Commercial Litigation Lawyer Help?
If you run a business in Berkeley, Missouri, it should be clear by now that commercial litigation can arise in many different cases, possibly when you least expect it. For that reason, it's a good idea to have plans in place to deal with commercial litigation concerns, should they come up.
And the best thing you can do on that front is to take steps to minimize the chances of disagreements leading to commercial litigation in the first place. Commercial lawyers in Berkeley, Missouri can be very advantageous with that. By advising you of your legal rights and obligations, your attorney can help you avoid making the mistakes that lead to legal disagreements in the first place.